The Plant Health (Forestry) (Amendment) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Forestry) Order 2005 (S.I. 2005/2517) (“the principal Order”) to introduce emergency measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus, a cause of ash dieback. In particular, the Order:

(a) prohibits the landing in and the movement within Great Britain of Chalara fraxinea T. Kowalski (article 2(8));

(b) prohibits the landing in and the movement within Great Britain of trees intended for planting of Fraxinus L. which are infected with Chalara fraxinea T. Kowalski (article 2(9));

(c) imposes additional requirements on the landing and movement within Great Britain of trees intended for planting of Fraxinus L. (article 2(10) to (13)); and

(d) imposes additional requirements on the consignment from Great Britain to other parts of the European Union of trees intended for planting of Fraxinus L. (article 2(14)).

The definition of “tree” in article 2(1) of the principal Order includes seeds and other parts of a tree.

This Order also:

(a) implements Commission Directive 2008/61/EC (establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections) (OJ No L 158, 18.6.2008, p 41), which replaced Commission Directive 95/44/EC (OJ No L 184, 3.8.1995, p 34) (article 2(7)); and

(b) confers powers on the Forestry Commissioners to grant licences for trial or scientific purposes or for work on varietal selections in relation to certain tree pests (article 2(5)).

Article 2(7) makes the references to Commission Directive 2008/61/EC in the principal Order ambulatory.

The Explanatory Memorandum for this instrument is available alongside the instrument at www.legislation.gov.uk.